Wales' Changing Constitution
- This consultation has completed. It ran from Monday, 29 July 2019 to Monday, 30 September 2019
- View the background to this consultation
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Response to the consultation
Evidence submitted in response to this Consultation
- WCC(5)01 Welsh Labour Representation Group PDF 39 KB View as HTML (1) 22 KB
- WCC(5)02 Dr Andrew Blick PDF 38 KB View as HTML (2) 24 KB
- WCC(5)03 Professor Jo Hunt and Hedydd Phylip PDF 35 KB View as HTML (3) 27 KB
Purpose of the consultation
The Legislation, Justice and Constitution Committee* is undertaking an inquiry with the following terms of reference:
- To consider the current scope and application of the Sewel convention in the context of the process of leaving the EU, including:
- in relation to primary and secondary legislation,
- whether the current Devolution Guidance Notes relating to consent are fit for purpose,
- the recent Supreme Court rulings,
- how “normally” should be interpreted in section 107(6) of the Government of Wales Act 2006, who should interpret it and how disputes should be resolved,
- whether parliamentary procedures should be established to recognise the Convention in the legislative process, and
- the experience of other devolved legislatures in the UK and the approach to legislative consent in other countries;
- To consider the implications of new levels of UK governance as a result of Brexit on the Welsh devolution settlement, including:
- the development of legislative and non-legislative common frameworks,
- the development and use of intergovernmental agreements between the UK and Welsh Governments that are emerging as a consequence of Brexit-related legislation, and
- the power of UK Ministers under section 109A of the Government of Wales Act 2006 (as introduced by section 12 of the EU Withdrawal Act 2018) to temporarily ‘freeze’ areas of devolved competence;
- To review, as required, the recommendations of the Committee’s Brexit-related reports; and
- To consider any other matters relating to the UK’s constitutional arrangements post Brexit including constitutional reform.
The breadth of the inquiry is intended to allow the Committee to be flexible in its approach and to take account of emerging constitutional issues as the UK leaves the EU. As a result, it is likely to issue themed reports over the course of its work.
The inquiry is also likely to review some of its Brexit-related reports such as:
- UK governance post-Brexit
- Scrutiny of regulations made under the European Union (Withdrawal) Act 2018: operational matters
- Scrutiny of regulations made under the European Union (Withdrawal) Act 2018: progress report
The Committee would welcome contributions on the inquiry.
Providing Written Evidence
The Senedd has two official languages, Welsh and English.
In line with the Senedd’s Official Languages Scheme, the Committee requests that documents or written responses to consultations intended for publication or use in Senedd proceedings are submitted bilingually. When documents or written responses are not submitted bilingually, we will publish in the language submitted, stating that it has been received in that language only.
We expect other organisations to implement their own standards or schemes and to comply with their statutory obligation.
Disclosure of information
Please ensure that you have considered the Senedd’s policy on disclosure of information before submitting information to the Committee.
* Following a resolution in Plenary on 29 January 2020, the Constitutional and Legislative Affairs Committee became the Legislation, Justice and Constitution Committee.
Should you wish to speak to someone regarding this consultation, please use the below contact details:
Legislation, Justice and Constitution Committee
Telephone: 0300 200 6565